EWUA union update notice — public accountability questions | Column

Published 1:30 am Wednesday, February 25, 2026

By Cory Harrington

Orcas Island

Eastsound Water Users Association recently distributed a member notice regarding staff unionization and collective bargaining negotiations. The notice contains broad assurances about progress, good faith bargaining and support for the union.

However, many members and community stakeholders continue to raise concerns about transparency, rising legal costs and escalating workplace instability. The purpose of this response is to provide factual context and clear public questions EWUA leadership should answer.

EWUA states it has been “listening,” but key transparency requests remain unanswered, including requests for the Conflict of Interest policy and Clark Well project financial records. Listening is demonstrated through responsiveness and disclosure, not general reassurance.

EWUA’s notice describes unionization as “mid-2025,” but EWUA communications indicate earlier activity. On March 3, 2025, Board President Teri Nigretto wrote to members that staff were considering joining IBEW Local 77 and that the 2025 budget included funds for specialized labor law advice.

EWUA also claims it is “really close to a deal,” but has provided no written confirmation from IBEW and little measurable progress reporting in public board minutes. Many union-related matters appear to occur in Executive Session, limiting member visibility.

EWUA denies hiring “union-busting” counsel, calling the concern “simply not true.” However, EWUA has declined requests to disclose union-related legal spending. Public information indicates EWUA’s retained labor counsel appears to include Davis Grimm Payne & Marra. Attorney biographies, including Selena C. Smith (appears to be EWUA’s retained counsel), describe representing management in collective bargaining, National Labor Relations Board matters and “union organizing counter campaigns.” The firm also advertises services including helping employers “fight off union organizing campaigns.” See davisgrimmpayne.com for more information.

This does not prove misconduct. But it contradicts EWUA’s attempt to dismiss concerns as baseless rumors. The issue is not whether EWUA hired labor counsel — it is whether member funds are being used for management-side union avoidance strategy without disclosure of cost or scope.

EWUA’s IRS Form 990 filings show legal spending rose sharply under General Manager Dan Burke: $0 (2021), $5,918 (2022), $101,240 (2023), and $196,793 (2024). General manager compensation also increased substantially during the same period.

EWUA’s notice relies on reassurance rather than measurable information. Members do not need reassurance. Members need transparency.

Questions EWUA should answer publicly:

What is the projected completion date for the first union contract?

What is the total union-related legal spending since February 2025, and which firms were paid?

Has EWUA retained Davis Grimm Payne & Marra and attorney Selena C. Smith for negotiations?

Why did the union file Unfair Labor Practice charges on May 23, 2025, and what was EWUA’s response?

Will EWUA publish the final union contract once signed?